Alaska Statutes (Last Updated: January 11, 2017) |
Title 34. PROPERTY. |
Chapter 34.08. COMMON INTEREST OWNERSHIP. |
Article 34.08.02. CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES. |
Section 34.08.110. Construction and validity of declaration and bylaws.
Latest version.
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(a) Each provision of the declaration and bylaws is severable.
(b) The rule against perpetuities does not defeat any provision of the declaration, bylaws, rules, or regulations adopted under AS 34.08.320(a)(1).
(c) In a conflict between the provisions of the declaration and the bylaws, the declaration prevails unless the declaration is inconsistent with this chapter.
(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.
Authorities
34.08.040
Notes
References
AS 34.08.040 Applicability to preexisting common interest communities.
History
(Sec. 1 ch 95 SLA 1985)